National Tertiary Education Industry Union v Monash University

[2018] FWC 5650

[2018] FWC 5650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Tertiary Education Industry Union

v

Monash University

(B2018/782)

Vice President Catanzariti DARWIN, 7 SEPTEMBER 2018

Proposed protected action ballot of employees of Monash University.

1. This is an application by the National Tertiary Education Industry Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Monash University (Respondent).

1. On 6 September 2018, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Mr S Rosenthal of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. 
   An Order and Directions have been separately issued in PR700180 and PR700197 respectively.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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